By accessing, browsing, using, registering or placing an order with the Website (www.alldoorhandles.com), you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions you must not use this Website.
‘Customer/ Purchaser’ means the individual, firm, company or other party from whom an order is accepted by the seller.
Contract’ means the contract formed pursuant to condition 2(1).
‘Goods’ means any goods supplied by the seller to the purchaser under the contract.
(2) CONTRACT INFORMATION
The purchaser’s order to the seller is an offer to enter into a contract to purchase goods from the seller on these conditions. Acceptance occurs and a contract is formed only upon the seller dispatching to the purchaser its order acknowledgement. A quotation by the seller does not constitute an offer.
These conditions comprise only the terms and conditions upon which the seller will do business with the purchaser and shall prevail notwithstanding any terms and conditions contained in any purchase order, acceptance of estimate or quotation or other document proffered at any time by the purchaser or otherwise brought to the seller’s attention by the purchaser.
No variation to these conditions shall be binding unless agreed in writing by the purchaser and a director on behalf of the seller.
The seller’s employees and agents are not authorised to make any representations concerning the goods unless confirmed in writing by a director on behalf of the seller. In entering into the contract the purchaser acknowledges that it has not relied on any such representations which have not been confirmed in writing by a director on behalf of the seller.
Unless otherwise provided in the contract, the price of the goods/ products is inclusive of Value Added Tax which will be charged at the applicable rate at the appropriate tax point.
(4) SPECIAL ORDERS
Goods classified as special order are:
Goods ordered from the Company which are not sold on the Company website and have been specially sourced for the Customer.
Goods which may be sold on the Company website but which have been specially sourced for the Customer with a variation such as a special finish or bespoke design.
Goods which are sold on the website but are sourced directly from the country of manufacture.
Special orders can not be cancelled once placed and can not be returned for a refund or exchange unless they have been received damaged or faulty and reported to the Company within 3 days of receipt.
You will receive an email confirming that your order has been classified as a special order. You will be required to confirm acceptance of our ‘Special Orders’ ‘Terms and Conditions’.
(5) TELEPHONE ORDERS
Telephone orders for Website products will be accepted during normal office hours – these orders will be categorized as 'online' orders.
The sales operative will repeat the product descriptions back to the Customer and will ask the Customer to confirm that these are correct. The Customer will receive an order confirmation by email which should be checked on receipt. The responsibility lies with the Customer to inform the Company of any errors or amendments necessary before the goods are packed for delivery. The Company will not accept any responsibility for errors or omissions after the order has been placed. If the customer does not have an email address to receive the order confirmation for checking, then the responsibility lies solely with the Customer to check that the goods ordered are correct during the telephone conversation.
(6) DELIVERY AND RISK
Delivery of the goods shall be made to the Customer at the place specified in the contract, or as subsequently agreed between the parties. These delivery times are approximate only and should not be taken as guaranteed. WE STRONGLY RECOMMEND THAT TRADESMEN ARE NOT BOOKED UNTIL THE GOODS ARE RECEIVED AT THE DELIVERY ADDRESS AND THOROUGHLY CHECKED FOR ACCURACY.
The Buyer shall inspect the Products immediately on delivery and shall notify the Seller and the carriers within three days of delivery of any loss, damage or discrepancy.
All risk relating to the goods you have ordered will pass to you when they have been delivered to the delivery address as specified by you on your order. No liability is accepted for any unforeseen delays subsequently arising or for any consequential loss or damage caused to the Customer or third parties if the delay or failure is wholly or partly caused by circumstances beyond our control. No liability will be accepted for goods delayed due to being out of stock at our suppliers. The Company will make every effort to inform the Customer of any delays.
For Customers outside UK Mainland there may be customs charges, import duty or other entry fee payable before the Customer can receive the goods. The liability for these charges lies with the Customer. The Company will not be liable for any import delays beyond our control.
(8) RETENTION OF TITLE
The goods sold under these Terms and Conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the company until payment in full of all amounts invoiced or due to the Company in respect of goods has been received.
The Company has taken great care to accurately and fairly describe goods on the Website. Dimensions, capacities, weights etc of goods are described as accurately as possible, but are approximate only and may vary. Colours and finishes of our goods are photographed as clearly as possible, but the colour quality seen by the Customer will depend upon the monitor being used and, for this reason, the colour or finish on delivery may be variable. The Company will not be responsible for genuine errors in the website content and will not be liable for any delays/additional costs to the Customer.
Photographs of products on the Website are a representation only of the product and may not be the same style, finish or size etc of the product selected by the Customer in the drop down selection boxes. Where several different variations are available, the photograph of the product may not change to reflect the variation selected by the customer in the drop down selection boxes.
Goods on the Website are all subject to availability and Customers will be informed within a reasonable timescale if the product is not available. An alternative product may be offered which is of equal or higher value than the original product ordered by the Customer. No liability will be accepted for delays/additional costs to the Customer caused by goods being out of stock.
(10) PAYMENT PROCEDURE
We will authorise the payment for the goods the Customer has ordered when the goods are dispatched to the delivery address on the order. There are sometimes exceptions to this rule. If an order is processed offline then the payment will be processed immediately. If the payment does not pass all of our bank’s fraud rules, for example, if only some of the address matches the card billing address, then this payment will be processed immediately.
If the original card payment is declined then any subsequent payment for the same order will be processed immediately. Any payments not received before the goods are despatched and received by the Customer will be requested from the Customer. Payment must be received by the Company or the goods must be returned to us in accordance with a reasonable returns procedure at the Customer’s expense and in good condition. The Customer must carry out this procedure within 30 days of the date on which the order is cancelled or we may arrange for collection of the goods at the Customer’s expense.
(11) RETURNING POLICY & PROCEDURE
We hope that you are happy with the products you have purchased from www.alldoorhandles.com. If for any reason you wish to return any of your items, please follow the instructions below:
Returns – “I’ve changed my mind” You have the option to cancel your order within 14 days of receipt of goods, for a full refund but not including carriage costs. If your purchase was carriage free ‘Over £120.00 inc. of VAT’ we reserve the right to recover our delivery/ carriage costs of the original order sent to you. We will not refund any upgraded or negotiated carriage charges.
We do not offer a free returns policy. It is the sole responsibility of the customer to return any items at their cost. They must be received in original packaging and in a re-saleable condition.
Please pack goods being returned carefully as any returns which are damaged, have parts missing including fixings or have damaged packaging will not be refunded as they are deemed unsuitable for re-sale. Do not write on or tape over original bags or boxes. They should be packed into an outer box or appropriate padded envelope to ensure they are not damaged in transit.
You must request an RMA ‘Return Merchandise Authorization’ via email from email@example.com alternatively in writing from;
M.J. Whiteside & Co. LTD
10 – 12 Upper Aughton Road
Please ensure your return includes your RMA reference, we can not accept returns or issue a refund without an RMA reference.
You have the option to cancel your order within 14 days of receipt of goods, for a full refund but not including carriage costs. Returns must be sent via a fully tracked method. We will not refund any goods that do not follow this method of return or go missing on route.
Goods returned after 14 days and within 30 days will be subject to a 25% re-stocking/ administration charge. Goods received after 30 days will not be refunded.
Do ensure that you retain your receipt for return payment of carriage, of goods to us, as goods lost can not be re-funded. You may be able to claim for any loss from your chosen method of return.
Returns for Faulty Goods Notification must be given to us within 3 days of delivery of any faulty or damaged goods received by you. If notification is not received within 3 days, we shall have no liability to you. All items will be inspected by alldoorhandles.com and must be agreed as faulty before a refund or replacement is issued. In certain circumstances it may be necessary for faulty items to be tested by the supplying manufacturer, a test report will be generated. If a fault is identified then we will issue a replacement or full refund to you via your original payment method. We will reimburse you any reasonable return carriage costs. If the item is found not to be faulty then we will return them to you. You will be liable for the return carriage costs. Please ensure you obtain an RMA. We will not refund any goods which have been damaged by incorrect installation or marked/ scratched when fitting.
(12) STATUTORY RIGHTS
Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or miss-described goods. For further information about your statutory rights, contact your local authority Trading Standards Department, Consumer Direct or your local Citizens Advice Bureau.
(13) LIMITS OF LIABILITY
Nothing in these conditions shall be interpreted as excluding or restricting the seller’s liability under part 1 of the Consumer Protection Act 1987 or for death or personal injury resulting from negligence (as defined in section 1 of the Unfair Contract Terms Act 1987) of the seller, its officers, employees, agents and / or sub-contractors or for breach of section 12 of the Sale Of Goods Act 1979.
Subject to the provisions of condition 14a above, the seller’s total liability to the purchaser for all claims arising out of or in connection with the contract (whether under law of contract, tort (including without limitation, negligence) or otherwise) shall not exceed the price paid for the goods by the purchaser under the contract.
The seller shall, in no circumstance, be liable, whether by way of indemnity or by reason of breach of contract, tort (including without limitation, negligence) breach of statutory duty or otherwise for: i) special damages; or ii) loss of profit, loss of income, loss of goodwill, loss of use or any other economic loss; or iii) any loss arising from any claim against the purchaser by any third party; or iv) any consequential or indirect loss, damage or expense of any kind howsoever caused or arising.
Save as provided in these conditions, the seller shall not be under any liability to the purchaser (whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise) for any loss or damage resulting from the supply of goods and all warranties, conditions and representations whether express or implied by law in respect of the supply of goods (including, without limitation as to the quality or fitness for any particular purpose of the goods) are excluded to the fullest extent permitted at law.
The purchaser acknowledges that all specifications and details in catalogues, quotations and the order acknowledgement or any similar documents or by word of mouth and all forecasts of performances, however given, are approximate only and do not form part of the contract and that the seller shall be under no liability to the purchaser in respect thereof.
The purchaser agrees that it is best able to estimate the extent and nature of the insurance cover suitable for its business and property from time to time and can effect at more economic rates than the seller such appropriate insurance cover and the purchaser therefore acknowledges that it is reasonable for the seller to sell the goods and to set the price thereof on the basis of the exclusions and limitations of liability and the indemnities set out in these conditions. The purchaser agrees that it will be responsible for effecting insurance cover as above mentioned as may be appropriate to its business and property including (but not limited to) any required insurance cover in respect of any loss or damage, of whatsoever kind or however caused, whether by reason of the negligence of the seller or otherwise to premises, plant or other physical property and the seller shall have no liability in respect of such loss or damage.
(15) INDEMNITY – THIRD PARTY CLAIMS
The purchaser shall indemnify and keep indemnified the seller from and against any and all actions, claims, costs, losses, damages, demands, expenses (including, without limitation legal fees and expenses on a solicitor own client basis) and other liabilities arising out of any defect in the goods (including without limitation all liabilities incurred under the Consumer Protection Act 1987) to the extent occasioned or contributed to or resulting from any act or omission of the purchaser its servants, agents, sub-contractors or persons under its control.
(16) FORCE MAJEURE
The seller reserves the right to suspend, delay or cancel the performance of the contract or any part thereof where the seller is prevented or hindered from performing the same due to any cause beyond its reasonable control and the seller shall not be liable for any failure or delay in the performance of its obligations (or any of them) or for the suspension or cancellation of the contract.
Drawings, photographs, part numbers, layout and style are all considered the property of the Seller. Reproduction in whole, or in part, is strictly prohibited without prior written permission of the Seller. Quantities and measurements are approximate. All trademarks are acknowledged. Exact products may vary from those shown.
(18) APPLICABLE LAW
The Company only accepts orders and sells its goods subject to these Terms and Conditions which are governed by English Law. The parties acknowledge and accept the non-exclusive jurisdiction of the English Courts.
a) The headings of these conditions do not form part of the conditions and shall not affect the interpretation thereof. b) Each of the conditions and each paragraph hereof shall be construed as a separate condition. Should any provision hereof be found to be invalid or enforceable or illegal by the courts of any jurisdiction to which it is subject then to such provision shall be severed from these conditions.
Notice under these conditions shall be properly given if in writing and sent by registered post to the address of the intended recipient as stated in the contract or to such address as the purchaser and seller may from time to time notify each other as their respective addresses for service and shall be served upon receipt by the intended recipient at such address.